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Republic of the Philippines

SUPREME COURT
Manila
FIRST DIVISION

G.R. Nos. 120865-71 December 7, 1995


LAGUNA LAKE DEVELOPMENT AUTHORITY, petitioner,
vs.
COURT OF APPEALS; HON. JUDGE HERCULANO TECH, PRESIDING JUDGE, BRANCH 70, REGIONAL
TRIAL COURT OF BINANGONAN RIZAL; FLEET DEVELOPMENT, INC. and CARLITO ARROYO; THE
MUNICIPALITY OF BINANGONAN and/or MAYOR ISIDRO B. PACIS, respondents.
*** *** ***
Ecology; It is difficult for a man, scavenging on the garbage dump or fishing in the murky waters of the Pasig
River and the Laguna Lake or making a clearing in the forest to understand why protecting birds, fish, and trees
is more important than protecting him and keeping his family alive.It is difficult for a man, scavenging on the
garbage dump created by affluence and profligate consumption and extravagance of the rich or fishing in the
murky waters of the Pasig River and the Laguna Lake or making a clearing in the forest so that he can produce
food for his family, to understand why protecting birds, fish, and trees is more important than protecting him and
keeping his family alive.
Administrative Law; Laguna Lake Development Authority (LLDA); Local Government Code; Statutes; The
provisions of R.A. 7160 do not necessarily repeal the laws creating the Laguna Lake Development Authority
and granting the latter water rights authority over Laguna de Bay and the lake region.Section 4 (k) of the
charter of the Laguna Lake Development Authority, Republic Act No. 4850, the provisions of Presidential
Decree No. 813, and Section 2 of Executive Order No. 927, cited above, specifically provide that the Laguna
Lake Development Authority shall have exclusive jurisdiction to issue permits for the use of all surface water for
any projects or activities in or affecting the said region, including navigation, construction, and operation of
fishpens, fish enclosures, fish corrals and the like. On the other hand, Republic Act No. 7160, the Local
Government Code of 1991, has granted to the municipalities the exclusive authority to grant fishery privileges in
municipal waters. The Sangguniang Bayan may grant fishery privileges to erect fish corrals, oyster, mussels or
other aquatic beds or bangus fry area within a definite zone of the municipal waters. We hold that the provisions
of Republic Act No. 7160 do not necessarily repeal the aforementioned laws creating the Laguna Lake
Development Authority and granting the latter water rights authority over Laguna de Bay and the lake region.
Same; Same; Same; Same; Statutory Construction; The repeal of laws should be made clear and expressed.
The Local Government Code of 1991 does not contain any express provision which categorically expressly
repeal the charter of the Authority. It has to be conceded that there was no intent on the part of the legislature to
repeal Republic Act No. 4850 and its amendments. The repeal of laws should be made clear and expressed.
Same; Same; Same; Same; Same; It is basic in statutory construction that the enactment of a later legislation
which is a general law cannot be construed to have repealed a special law.It has to be conceded that the
charter of the Laguna Lake Development Authority constitutes a special law. Republic Act No. 7160, the Local
Government Code of 1991, is a general law. It is basic in statutory construction that the enactment of a later
legislation which is a general law cannot be construed to have repealed a special law. It is a well-settled rule in
this jurisdiction that a special statute, provided for a particular case or class of cases, is not repealed by a
subsequent statute, general in its terms, provisions and application, unless the intent to repeal or alter is
manifest, although the terms of the general law are broad enough to include the cases embraced in the special
law.
Same; Same; Same; Same; Same; A special law cannot be re pealed, amended or altered by a subsequent
general law by mere implicationthus, the charter of the LLDA should prevail over the Local Government Code
of 1991.Where there is a conflict between a general law and a special statute, the special statute should
prevail since it evinces the legislative intent more clearly than the general statute. The special law is to be taken
as an exception to the general law in the absence of special circumstances forcing a contrary conclusion. This
is because implied repeals are not favored and as much as possible, effect must be given to all enactments of

the legislature. A special law cannot be repealed, amended or altered by a subsequent general law by mere
implication. Thus, it has to be concluded that the charter of the Authority should prevail over the Local
Government Code of 1991.
Same; Same; Same; Police Power; The charter of the LLDA should prevail over the Local Government Code of
1991 on matters affecting Laguna de Bay.The power of the local government units to issue fishing privileges
was clearly granted for revenue purposes. This is evident from the fact that Section 149 of the New Local
Government Code empowering local governments to issue fishing permits is embodied in Chapter 2, Book II, of
Republic Act No. 7160 under the heading, Specific Provisions On The Taxing And Other Revenue Raising
Power Of Local Government Units On the other hand, the power of the Authority to grant permits for fishpens,
fishcages and other aquaculture structures is for the purpose of effectively regulating and monitoring activities
in the Laguna de Bay region (Section 2, Executive Order No. 927) and for lake quality control and management.
It does partake of the nature of police power which is the most pervasive, the least limitable and the most
demanding of all State powers including the power of taxation. Accordingly, the charter of the Authority which
embodies a valid exercise of police power should prevail over the Local Government Code of 1991 on matters
affecting Laguna de Bay.
Same; Same; The LLDA has express powers as a regulatory and quasi-judicial body.In respect to the
question as to whether the Authority is a quasi-judicial agency or not, it is our holding that, considering the
provisions of Section 4 of Republic Act No. 4850 and Section 4 of Executive Order No. 927, series of 1983, and
the ruling of this Court in Laguna Lake Development Authority vs. Court of Appeals, 231 SCRA 304, 306 (1994),
there is no question that the Authority has express powers as a regulatory and quasi-judicial body in respect to
pollution cases with authority to issue a cease and desist order and on matters affecting the construction of
illegal fishpens, fishcages and other aqua culture structures in Laguna de Bay.
Same; Same; Courts; Jurisdiction; The LLDA is not co-equal to the Regional Trial Courts, and on actions
necessitating the resolution of legal questions affecting the powers of the Authority as provided in its charter, the
Regional Trial Courts have jurisdiction.The Authoritys pretense, however, that it is co equal to the Regional
Trial Courts such that all actions against it may only be instituted before the Court of Appeals cannot be
sustained. On actions necessitating the resolution of legal questions affecting the powers of the Authority as
provided for in its charter, the Regional Trial Courts have jurisdiction.
Same; Same; Jurisdiction; The LLDA has the exclusive jurisdic tion to issue permits for the enjoyment of fishery
privileges in Laguna de Bay to the exclusion of municipalities situated therein and the authority to exercise such
powers as are by its charter vested on it.In view of the foregoing, this Court holds that Section 149 of
Republic Act No. 7160, otherwise known as the Local Government Code of 1991, has not repealed the
provisions of the charter of the Laguna Lake Development Authority, Republic Act No. 4850, as amended. Thus,
the Authority has the exclusive jurisdiction to issue permits for the enjoyment of fishery privileges in Laguna de
Bay to the exclusion of municipalities situated therein and the authority to exercise such powers as are by its
charter vested on it.
HERMOSISIMA, JR., J.:
It is difficult for a man, scavenging on the garbage dump created by affluence and profligate consumption and
extravagance of the rich or fishing in the murky waters of the Pasig River and the Laguna Lake or making a
clearing in the forest so that he can produce food for his family, to understand why protecting birds, fish, and
trees is more important than protecting him and keeping his family alive.
How do we strike a balance between environmental protection, on the one hand, and the individual personal
interests of people, on the other?
Towards environmental protection and ecology, navigational safety, and sustainable development, Republic Act
No. 4850 created the "Laguna Lake Development Authority." This Government Agency is supposed to carry out
and effectuate the aforesaid declared policy, so as to accelerate the development and balanced growth of the
Laguna Lake area and the surrounding provinces, cities and towns, in the act clearly named, within the context
of the national and regional plans and policies for social and economic development.
Presidential Decree No. 813 of former President Ferdinand E. Marcos amended certain sections of Republic Act
No. 4850 because of the concern for the rapid expansion of Metropolitan Manila, the suburbs and the lakeshore
towns of Laguna de Bay, combined with current and prospective uses of the lake for municipal-industrial water
supply, irrigation, fisheries, and the like. Concern on the part of the Government and the general public over:

the environment impact of development on the water quality and ecology of the lake and its related river
systems; the inflow of polluted water from the Pasig River, industrial, domestic and agricultural wastes from
developed areas around the lake; the increasing urbanization which induced the deterioration of the lake, since
water quality studies have shown that the lake will deteriorate further if steps are not taken to check the same;
and the floods in Metropolitan Manila area and the lakeshore towns which will influence the hydraulic system of
Laguna de Bay, since any scheme of controlling the floods will necessarily involve the lake and its river
systems, likewise gave impetus to the creation of the Authority.
Section 1 of Republic Act No. 4850 was amended to read as follows:
Sec. 1. Declaration of Policy. It is hereby declared to be the national policy to promote, and
accelerate the development and balanced growth of the Laguna Lake area and the surrounding
provinces, cities and towns hereinafter referred to as the region, within the context of the
national and regional plans and policies for social and economic development and to carry out
the development of the Laguna Lake region with due regard and adequate provisions for
environmental management and control, preservation of the quality of human life and ecological
systems, and the prevention of undue ecological disturbances, deterioration and pollution. 1
Special powers of the Authority, pertinent to the issues in this case, include:
Sec. 3. Section 4 of the same Act is hereby further amended by adding thereto seven new
paragraphs to be known as paragraphs (j), (k), (l), (m), (n), (o), and (p) which shall read as
follows:
xxx xxx xxx
(j) The provisions of existing laws to the contrary notwithstanding, to engage in
fish production and other aqua-culture projects in Laguna de Bay and other
bodies of water within its jurisdiction and in pursuance thereof to conduct studies
and make experiments, whenever necessary, with the collaboration and
assistance of the Bureau of Fisheries and Aquatic Resources, with the end in
view of improving present techniques and practices. Provided, that until
modified, altered or amended by the procedure provided in the following subparagraph, the present laws, rules and permits or authorizations remain in force;
(k) For the purpose of effectively regulating and monitoring activities in Laguna
de Bay,the Authority shall have exclusive jurisdiction to issue new permit for the
use of the lake waters for any projects or activities in or affecting the said lake
including navigation, construction, and operation of fishpens, fish enclosures,
fish corrals and the like, and to impose necessary safeguards for lake quality
control and management and to collect necessary fees for said activities and
projects: Provided, That the fees collected for fisheries may be shared between
the Authority and other government agencies and political sub-divisions in such
proportion as may be determined by the President of the Philippines upon
recommendation of the Authority's Board: Provided, further, That the Authority's
Board may determine new areas of fishery development or activities which it
may place under the supervision of the Bureau of Fisheries and Aquatic
Resources taking into account the overall development plans and programs for
Laguna de Bay and related bodies of water: Provided, finally, That the Authority
shall subject to the approval of the President of the Philippines promulgate such
rules and regulations which shall govern fisheries development activities in
Laguna de Bay which shall take into consideration among others the following:
socio-economic amelioration of bonafide resident fishermen whether individually
or collectively in the form of cooperatives, lakeshore town development, a master
plan for fishpen construction and operation, communal fishing ground for lake
shore town residents, and preference to lake shore town residents in hiring
laborer for fishery projects;
(l) To require the cities and municipalities embraced within the region to pass
appropriate zoning ordinances and other regulatory measures necessary to carry
out the objectives of the Authority and enforce the same with the assistance of
the Authority;

(m) The provisions of existing laws to the contrary notwithstanding, to exercise


water rights over public waters within the Laguna de Bay region whenever
necessary to carry out the Authority's projects;
(n) To act in coordination with existing governmental agencies in establishing
water quality standards for industrial, agricultural and municipal waste
discharges into the lake and to cooperate with said existing agencies of the
government of the Philippines in enforcing such standards, or to separately
pursue enforcement and penalty actions as provided for in Section 4 (d) and
Section 39-A of this Act: Provided, That in case of conflict on the appropriate
water quality standard to be enforced such conflict shall be resolved thru the
NEDA Board. 2
To more effectively perform the role of the Authority under Republic Act No. 4850, as though Presidential
Decree No. 813 were not thought to be completely effective, the Chief Executive, feeling that the land and
waters of the Laguna Lake Region are limited natural resources requiring judicious management to their optimal
utilization to insure renewability and to preserve the ecological balance, the competing options for the use of
such resources and conflicting jurisdictions over such uses having created undue constraints on the institutional
capabilities of the Authority in the light of the limited powers vested in it by its charter, Executive Order No. 927
further defined and enlarged the functions and powers of the Authority and named and enumerated the towns,
cities and provinces encompassed by the term "Laguna de Bay Region".
Also, pertinent to the issues in this case are the following provisions of Executive Order No. 927 which include
in particular the sharing of fees:
Sec 2. Water Rights Over Laguna de Bay and Other Bodies of Water within the Lake Region: To
effectively regulate and monitor activities in the Laguna de Bay region, the Authority shall have
exclusive jurisdiction to issue permit for the use of all surface water for any projects or activities
in or affecting the said region including navigation, construction, and operation of fishpens, fish
enclosures, fish corrals and the like.
For the purpose of this Executive Order, the term "Laguna de Bay Region" shall refer to the
Provinces of Rizal and Laguna; the Cities of San Pablo, Pasay, Caloocan, Quezon, Manila and
Tagaytay; the towns of Tanauan, Sto. Tomas and Malvar in Batangas Province; the towns of
Silang and Carmona in Cavite Province; the town of Lucban in Quezon Province; and the towns
of Marikina, Pasig, Taguig, Muntinlupa, and Pateros in Metro Manila.
Sec 3. Collection of Fees. The Authority is hereby empowered to collect fees for the use of the
lake water and its tributaries for all beneficial purposes including but not limited to fisheries,
recreation, municipal, industrial, agricultural, navigation, irrigation, and waste disposal
purpose; Provided, that the rates of the fees to be collected, and the sharing with other
government agencies and political subdivisions, if necessary, shall be subject to the approval of
the President of the Philippines upon recommendation of the Authority's Board, except fishpen
fee, which will be shared in the following manner; 20 percent of the fee shall go to the lakeshore
local governments, 5 percent shall go to the Project Development Fund which shall be
administered by a Council and the remaining 75 percent shall constitute the share of LLDA.
However, after the implementation within the three-year period of the Laguna Lake Fishery
Zoning and Management Plan, the sharing will be modified as follows: 35 percent of the fishpen
fee goes to the lakeshore local governments, 5 percent goes to the Project Development Fund
and the remaining 60 percent shall be retained by LLDA; Provided, however, that the share of
LLDA shall form part of its corporate funds and shall not be remitted to the National Treasury as
an exception to the provisions of Presidential Decree No. 1234. (Emphasis supplied)
It is important to note that Section 29 of Presidential Decree No. 813 defined the term "Laguna Lake" in this
manner:
Sec 41. Definition of Terms.
(11) Laguna Lake or Lake. Whenever Laguna Lake or lake is used in this Act, the same shall
refer to Laguna de Bay which is that area covered by the lake water when it is at the average
annual maximum lake level of elevation 12.50 meters, as referred to a datum 10.00 meters

below mean lower low water (M.L.L.W). Lands located at and below such elevation are public
lands which form part of the bed of said lake.
Then came Republic Act No. 7160, the Local Government Code of 1991. The municipalities in the Laguna Lake
Region interpreted the provisions of this law to mean that the newly passed law gave municipal governments
the exclusive jurisdiction to issue fishing privileges within their municipal waters because R.A. 7160 provides:
Sec. 149. Fishery Rentals, Fees and Charges.
(a) Municipalities shall have the exclusive authority to grant fishery privileges in the municipal
waters and impose rental fees or charges therefor in accordance with the provisions of this
Section.
(b) The Sangguniang Bayan may:
(1) Grant fishing privileges to erect fish corrals, oyster, mussel or other aquatic
beds or bangus fry areas, within a definite zone of the municipal waters, as
determined by it; . . . .
(2) Grant privilege to gather, take or catch bangus fry, prawn fry or kawagkawag or fry of other species and fish from the municipal waters by nets, traps or
other fishing gears to marginal fishermen free from any rental fee, charges or
any other imposition whatsoever.
xxx xxx xxx
Sec. 447. Power, Duties, Functions and Compensation. . . . .
xxx xxx xxx
(XI) Subject to the provisions of Book II of this Code, grant exclusive privileges of
constructing fish corrals or fishpens, or the taking or catching of bangus fry,
prawn fry orkawag-kawag or fry of any species or fish within the municipal
waters.
xxx xxx xxx
Municipal governments thereupon assumed the authority to issue fishing privileges and fishpen permits. Big
fishpen operators took advantage of the occasion to establish fishpens and fishcages to the consternation of the
Authority. Unregulated fishpens and fishcages, as of July, 1995, occupied almost one-third of the entire lake
water surface area, increasing the occupation drastically from 7,000 hectares in 1990 to almost 21,000 hectares
in 1995. The Mayor's permit to construct fishpens and fishcages were all undertaken in violation of the policies
adopted by the Authority on fishpen zoning and the Laguna Lake carrying capacity.
To be sure, the implementation by the lakeshore municipalities of separate independent policies in the operation
of fishpens and fishcages within their claimed territorial municipal waters in the lake and their indiscriminate
grant of fishpen permits have already saturated the lake area with fishpens, thereby aggravating the current
environmental problems and ecological stress of Laguna Lake.
In view of the foregoing circumstances, the Authority served notice to the general public that:
In compliance with the instructions of His Excellency PRESIDENT FIDEL V. RAMOS given on
June 23, 1993 at Pila, Laguna pursuant to Republic Act 4850 as amended by Presidential
Decree 813 and Executive Order 927 series of 1983 and in line with the policies and programs
of the Presidential Task Force on Illegal Fishpens and Illegal Fishing, the general public is
hereby notified that:
1. All fishpens, fishcages and other aqua-culture structures in the Laguna de Bay Region, which
were not registered or to which no application for registration and/or permit has been filed with

Laguna Lake Development Authority as of March 31, 1993 are hereby declared outrightly as
illegal.
2. All fishpens, fishcages and other aqua-culture structures so declared as illegal shall be
subject to demolition which shall be undertaken by the Presidential Task Force for Illegal
Fishpen and Illegal Fishing.
3. Owners of fishpens, fishcages and other aqua-culture structures declared as illegal shall,
without prejudice to demolition of their structures be criminally charged in accordance with
Section 39-A of Republic Act 4850 as amended by P.D. 813 for violation of the same laws.
Violations of these laws carries a penalty of imprisonment of not exceeding 3 years or a fine not
exceeding Five Thousand Pesos or both at the discretion of the court.
All operators of fishpens, fishcages and other aqua-culture structures declared as illegal in
accordance with the foregoing Notice shall have one (1) month on or before 27 October 1993 to
show cause before the LLDA why their said fishpens, fishcages and other aqua-culture
structures should not be demolished/dismantled.
One month, thereafter, the Authority sent notices to the concerned owners of the illegally constructed fishpens,
fishcages and other aqua-culture structures advising them to dismantle their respective structures within 10
days from receipt thereof, otherwise, demolition shall be effected.
Reacting thereto, the affected fishpen owners filed injunction cases against the Authority before various regional
trial courts, to wit: (a) Civil Case No. 759-B, for Prohibition, Injunction and Damages, Regional Trial Court,
Branch 70, Binangonan, Rizal, filed by Fleet Development, Inc. and Carlito Arroyo; (b) Civil Case No. 64049, for
Injunction, Regional Trial Court, Branch 162, Pasig, filed by IRMA Fishing and Trading Corp., ARTM Fishing
Corp., BDR Corp., MIRT Corp. and TRIM Corp.; (c) Civil Case No. 566, for Declaratory Relief and Injunction,
Regional Trial Court, Branch 163, Pasig, filed by Manila Marine Life Business Resources, Inc. and Tobias
Reynaldo M. Tianco; (d) Civil Case No. 556-M, for Prohibition, Injunction and Damages, Regional Trial Court,
Branch 78, Morong, Rizal, filed by AGP Fishing Ventures, Inc.; (e) Civil Case No. 522-M, for Prohibition,
Injunction and Damages, Regional Trial Court, Branch 78, Morong, Rizal, filed by Blue Lagoon and Alcris
Chicken Growers, Inc.; (f) Civil Case No. 554-, for Certiorari and Prohibition, Regional Trial Court, Branch 79,
Morong, Rizal, filed by Greenfields Ventures Industrial Corp. and R.J. Orion Development Corp.; and (g) Civil
Case No. 64124, for Injunction, Regional Trial Court, Branch 15, Pasig, filed by SEA-MAR Trading Co., Inc. and
Eastern Lagoon Fishing Corp. and Minamar Fishing Corporation.
The Authority filed motions to dismiss the cases against it on jurisdictional grounds. The motions to dismiss
were invariably denied. Meanwhile, temporary restraining order/writs of preliminary mandatory injunction were
issued in Civil Cases Nos. 64124, 759 and 566 enjoining the Authority from demolishing the fishpens and similar
structures in question.
Hence, the herein petition for certiorari, prohibition and injunction, G.R. Nos. 120865-71, were filed by the
Authority with this court. Impleaded as parties-respondents are concerned regional trial courts and respective
private parties, and the municipalities and/or respective Mayors of Binangonan, Taguig and Jala-jala, who
issued permits for the construction and operation of fishpens in Laguna de Bay. The Authority sought the
following reliefs, viz.:
(A) Nullification of the temporary restraining order/writs of preliminary injunction issued in Civil
Cases Nos. 64125, 759 and 566;
(B) Permanent prohibition against the regional trial courts from exercising jurisdiction over cases
involving the Authority which is a co-equal body;
(C) Judicial pronouncement that R.A. 7610 (Local Government Code of 1991) did not repeal,
alter or modify the provisions of R.A. 4850, as amended, empowering the Authority to issue
permits for fishpens, fishcages and other aqua-culture structures in Laguna de Bay and that, the
Authority the government agency vested with exclusive authority to issue said permits.
By this Court's resolution of May 2, 1994, the Authority's consolidated petitions were referred to the Court of
Appeals.

In a Decision, dated June 29, 1995, the Court of Appeals dismissed the Authority's consolidated petitions, the
Court of Appeals holding that: (A) LLDA is not among those quasi-judicial agencies of government whose
decision or order are appealable only to the Court of Appeals; (B) the LLDA charter does vest LLDA with quasijudicial functions insofar as fishpens are concerned; (C) the provisions of the LLDA charter insofar as fishing
privileges in Laguna de Bay are concerned had been repealed by the Local Government Code of 1991; (D) in
view of the aforesaid repeal, the power to grant permits devolved to and is now vested with their respective local
government units concerned.
Not satisfied with the Court of Appeals decision, the Authority has returned to this Court charging the following
errors:
1. THE HONORABLE COURT OF APPEALS PROBABLY COMMITTED AN ERROR WHEN IT
RULED THAT THE LAGUNA LAKE DEVELOPMENT AUTHORITY IS NOT A QUASI-JUDICIAL
AGENCY.
2. THE HONORABLE COURT OF APPEALS COMMITTED SERIOUS ERROR WHEN IT
RULED THAT R.A. 4850 AS AMENDED BY P.D. 813 AND E.O. 927 SERIES OF 1983 HAS
BEEN REPEALED BY REPUBLIC ACT 7160. THE SAID RULING IS CONTRARY TO
ESTABLISHED PRINCIPLES AND JURISPRUDENCE OF STATUTORY CONSTRUCTION.
3. THE HONORABLE COURT OF APPEALS COMMITTED SERIOUS ERROR WHEN IT
RULED THAT THE POWER TO ISSUE FISHPEN PERMITS IN LAGUNA DE BAY HAS BEEN
DEVOLVED TO CONCERNED (LAKESHORE) LOCAL GOVERNMENT UNITS.
We take a simplistic view of the controversy. Actually, the main and only issue posed is: Which agency of the
Government the Laguna Lake Development Authority or the towns and municipalities comprising the region
should exercise jurisdiction over the Laguna Lake and its environs insofar as the issuance of permits for
fishery privileges is concerned?
Section 4 (k) of the charter of the Laguna Lake Development Authority, Republic Act No. 4850, the provisions of
Presidential Decree No. 813, and Section 2 of Executive Order No. 927, cited above, specifically provide that
the Laguna Lake Development Authority shall have exclusive jurisdiction to issue permits for the use of all
surface water for any projects or activities in or affecting the said region, including navigation, construction, and
operation of fishpens, fish enclosures, fish corrals and the like. On the other hand, Republic Act No. 7160, the
Local Government Code of 1991, has granted to the municipalities the exclusive authority to grant fishery
privileges in municipal waters. The Sangguniang Bayan may grant fishery privileges to erect fish corrals, oyster,
mussels or other aquatic beds or bangus fry area within a definite zone of the municipal waters.
We hold that the provisions of Republic Act No. 7160 do not necessarily repeal the aforementioned laws
creating the Laguna Lake Development Authority and granting the latter water rights authority over Laguna de
Bay and the lake region.
The Local Government Code of 1991 does not contain any express provision which categorically expressly
repeal the charter of the Authority. It has to be conceded that there was no intent on the part of the legislature to
repeal Republic Act No. 4850 and its amendments. The repeal of laws should be made clear and expressed.
It has to be conceded that the charter of the Laguna Lake Development Authority constitutes a special law.
Republic Act No. 7160, the Local Government Code of 1991, is a general law. It is basic in statutory
construction that the enactment of a later legislation which is a general law cannot be construed to have
repealed a special law. It is a well-settled rule in this jurisdiction that "a special statute, provided for a particular
case or class of cases, is not repealed by a subsequent statute, general in its terms, provisions and application,
unless the intent to repeal or alter is manifest, although the terms of the general law are broad enough to
include the cases embraced in the special law." 3
Where there is a conflict between a general law and a special statute, the special statute should prevail since it
evinces the legislative intent more clearly than the general statute. The special law is to be taken as an
exception to the general law in the absence of special circumstances forcing a contrary conclusion. This is
because implied repeals are not favored and as much as possible, effect must be given to all enactments of the
legislature. A special law cannot be repealed, amended or altered by a subsequent general law by mere
implication. 4

Thus, it has to be concluded that the charter of the Authority should prevail over the Local Government Code of
1991.
Considering the reasons behind the establishment of the Authority, which are environmental protection,
navigational safety, and sustainable development, there is every indication that the legislative intent is for the
Authority to proceed with its mission.
We are on all fours with the manifestation of petitioner Laguna Lake Development Authority that "Laguna de
Bay, like any other single body of water has its own unique natural ecosystem. The 900 km lake surface water,
the eight (8) major river tributaries and several other smaller rivers that drain into the lake, the 2,920 km basin
or watershed transcending the boundaries of Laguna and Rizal provinces, greater portion of Metro Manila, parts
of Cavite, Batangas, and Quezon provinces, constitute one integrated delicate natural ecosystem that needs to
be protected with uniform set of policies; if we are to be serious in our aims of attaining sustainable
development. This is an exhaustible natural resource a very limited one which requires judicious
management and optimal utilization to ensure renewability and preserve its ecological integrity and balance."
"Managing the lake resources would mean the implementation of a national policy geared towards the
protection, conservation, balanced growth and sustainable development of the region with due regard to the
inter-generational use of its resources by the inhabitants in this part of the earth. The authors of Republic Act
4850 have foreseen this need when they passed this LLDA law the special law designed to govern the
management of our Laguna de Bay lake resources."
"Laguna de Bay therefore cannot be subjected to fragmented concepts of management policies where
lakeshore local government units exercise exclusive dominion over specific portions of the lake water. The
garbage thrown or sewage discharged into the lake, abstraction of water therefrom or construction of fishpens
by enclosing its certain area, affect not only that specific portion but the entire 900 km of lake water. The
implementation of a cohesive and integrated lake water resource management policy, therefore, is necessary to
conserve, protect and sustainably develop Laguna de Bay." 5
The power of the local government units to issue fishing privileges was clearly granted for revenue purposes.
This is evident from the fact that Section 149 of the New Local Government Code empowering local
governments to issue fishing permits is embodied in Chapter 2, Book II, of Republic Act No. 7160 under the
heading, "Specific Provisions On The Taxing And Other Revenue Raising Power Of Local Government Units."
On the other hand, the power of the Authority to grant permits for fishpens, fishcages and other aqua-culture
structures is for the purpose of effectively regulating and monitoring activities in the Laguna de Bay region
(Section 2, Executive Order No. 927) and for lake quality control and management. 6 It does partake of the nature
of police power which is the most pervasive, the least limitable and the most demanding of all State powers including
the power of taxation. Accordingly, the charter of the Authority which embodies a valid exercise of police power should
prevail over the Local Government Code of 1991 on matters affecting Laguna de Bay.
There should be no quarrel over permit fees for fishpens, fishcages and other aqua-culture structures in the
Laguna de Bay area. Section 3 of Executive Order No. 927 provides for the proper sharing of fees collected.
In respect to the question as to whether the Authority is a quasi-judicial agency or not, it is our holding that,
considering the provisions of Section 4 of Republic Act No. 4850 and Section 4 of Executive Order No. 927,
series of 1983, and the ruling of this Court in Laguna Lake Development Authority vs. Court of Appeals, 231
SCRA 304, 306, which we quote:
xxx xxx xxx
As a general rule, the adjudication of pollution cases generally pertains to the Pollution
Adjudication Board (PAB), except in cases where the special law provides for another forum. It
must be recognized in this regard that the LLDA, as a specialized administrative agency, is
specifically mandated under Republic Act No. 4850 and its amendatory laws to carry out and
make effective the declared national policy of promoting and accelerating the development and
balanced growth of the Laguna Lake area and the surrounding provinces of Rizal and Laguna
and the cities of San Pablo, Manila, Pasay, Quezon and Caloocan with due regard and
adequate provisions for environmental management and control, preservation of the quality of
human life and ecological systems, and the prevention of undue ecological disturbances,
deterioration and pollution. Under such a broad grant of power and authority, the LLDA, by virtue

of its special charter, obviously has the responsibility to protect the inhabitants of the Laguna
Lake region from the deleterious effects of pollutants emanating from the discharge of wastes
from the surrounding areas. In carrying out the aforementioned declared policy, the LLDA is
mandated, among others, to pass upon and approve or disapprove all plans, programs, and
projects proposed by local government offices/agencies within the region, public corporations,
and private persons or enterprises where such plans, programs and/or projects are related to
those of the LLDA for the development of the region.
xxx xxx xxx
. . . . While it is a fundamental rule that an administrative agency has only such powers as are
expressly granted to it by law, it is likewise a settled rule that an administrative agency has also
such powers as are necessarily implied in the exercise of its express powers. In the exercise,
therefore, of its express powers under its charter, as a regulatory and quasi-judicial body with
respect to pollution cases in the Laguna Lake region, the authority of the LLDA to issue a "cease
and desist order" is, perforce, implied. Otherwise, it may well be reduced to a "toothless" paper
agency.
there is no question that the Authority has express powers as a regulatory and quasi-judicial body in
respect to pollution cases with authority to issue a "cease and desist order" and on matters affecting the
construction of illegal fishpens, fishcages and other aqua-culture structures in Laguna de Bay. The
Authority's pretense, however, that it is co-equal to the Regional Trial Courts such that all actions
against it may only be instituted before the Court of Appeals cannot be sustained. On actions
necessitating the resolution of legal questions affecting the powers of the Authority as provided for in its
charter, the Regional Trial Courts have jurisdiction.
In view of the foregoing, this Court holds that Section 149 of Republic Act No. 7160, otherwise known as the
Local Government Code of 1991, has not repealed the provisions of the charter of the Laguna Lake
Development Authority, Republic Act No. 4850, as amended. Thus, the Authority has the exclusive jurisdiction to
issue permits for the enjoyment of fishery privileges in Laguna de Bay to the exclusion of municipalities situated
therein and the authority to exercise such powers as are by its charter vested on it.
Removal from the Authority of the aforesaid licensing authority will render nugatory its avowed purpose of
protecting and developing the Laguna Lake Region. Otherwise stated, the abrogation of this power would
render useless its reason for being and will in effect denigrate, if not abolish, the Laguna Lake Development
Authority. This, the Local Government Code of 1991 had never intended to do.
WHEREFORE, the petitions for prohibition, certiorari and injunction are hereby granted, insofar as they relate to
the authority of the Laguna Lake Development Authority to grant fishing privileges within the Laguna Lake
Region.
The restraining orders and/or writs of injunction issued by Judge Arturo Marave, RTC, Branch 78, Morong,
Rizal; Judge Herculano Tech, RTC, Branch 70, Binangonan, Rizal; and Judge Aurelio Trampe, RTC, Branch
163, Pasig, Metro Manila, are hereby declared null and void and ordered set aside for having been issued with
grave abuse of discretion.
The Municipal Mayors of the Laguna Lake Region are hereby prohibited from issuing permits to construct and
operate fishpens, fishcages and other aqua-culture structures within the Laguna Lake Region, their previous
issuances being declared null and void. Thus, the fishing permits issued by Mayors Isidro B. Pacis, Municipality
of Binangonan; Ricardo D. Papa, Municipality of Taguig; and Walfredo M. de la Vega, Municipality of Jala-jala,
specifically, are likewise declared null and void and ordered cancelled.
The fishpens, fishcages and other aqua-culture structures put up by operators by virtue of permits issued by
Municipal Mayors within the Laguna Lake Region, specifically, permits issued to Fleet Development, Inc. and
Carlito Arroyo; Manila Marine Life Business Resources, Inc., represented by, Mr. Tobias Reynald M. Tiangco;
Greenfield Ventures Industrial Development Corporation and R.J. Orion Development Corporation; IRMA
Fishing And Trading Corporation, ARTM Fishing Corporation, BDR Corporation, Mirt Corporation and Trim
Corporation; Blue Lagoon Fishing Corporation and ALCRIS Chicken Growers, Inc.; AGP Fish Ventures, Inc.,
represented by its President Alfonso Puyat; SEA MAR Trading Co., Inc., Eastern Lagoon Fishing Corporation,
and MINAMAR Fishing Corporation, are hereby declared illegal structures subject to demolition by the Laguna
Lake Development Authority.

SO ORDERED.
Davide, Jr., Bellosillo and Kapunan, JJ., concur.

Separate Opinions

PADILLA, J., concurring:


I fully concur with the decision written by Mr. Justice R. Hermosisima, Jr.. I would only like to stress what the
decision already states, i.e., that the local government units in the Laguna Lake area are not precluded from
imposing permits on fishery operations for revenue raising purposes of such local government units. In other
words, while the exclusive jurisdiction to determine whether or not projects or activities in the lake area should
be allowed, as well as their regulation, is with the Laguna Lake Development Authority, once the Authority
grants a permit, the permittee may still be subjected to an additional local permit or license for revenue
purposes of the local government units concerned. This approach would clearly harmonize the special law, Rep.
Act No. 4850, as amended, with Rep. Act No. 7160, the Local Government Code. It will also enable small towns
and municipalities in the lake area, like Jala-Jala, to rise to some level of economic viability.
Separate Opinions
PADILLA, J., concurring:
I fully concur with the decision written by Mr. Justice R. Hermosisima, Jr.. I would only like to stress what the
decision already states, i.e., that the local government units in the Laguna Lake area are not precluded from
imposing permits on fishery operations for revenue raising purposes of such local government units. In other
words, while the exclusive jurisdiction to determine whether or not projects or activities in the lake area should
be allowed, as well as their regulation, is with the Laguna Lake Development Authority, once the Authority
grants a permit, the permittee may still be subjected to an additional local permit or license for revenue
purposes of the local government units concerned. This approach would clearly harmonize the special law, Rep.
Act No. 4850, as amended, with Rep. Act No. 7160, the Local Government Code. It will also enable small towns
and municipalities in the lake area, like Jala-Jala, to rise to some level of economic viability.
Footnotes
1 Section 1, PD No. 813.
2 At pages 64-65.
3 Manila Railroad Company vs. Rafferty, 40 Phils. 225; National Power Corporation vs.
Arca, 25 SCRA 935; Province of Misamis Oriental vs. Cagayan Electric Power and Light
Company, Inc., 181 SCRA 43.
4 Fajardo vs. Villafuerte, G.R. No. 89135, December 21, 1989.
5 Petition, under caption, "Nature of Petition".
6 Section 3 (k), Presidential Decree No. 813.